Common Law in UK Law
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Kleinwort Benson Ltd v Lincoln City Council
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But it does mean that, when the judges state what the law is, their decisions do, in the sense I have described, have a retrospective effect. It is inevitable in relation to the particular case before the court, in which the events must have occurred some time, perhaps some years, before the judge's decision is made. But it is also inevitable in relation to other cases in which the law as so stated will in future fall to be applied.
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Gorringe v Calderdale Metropolitan Borough Council
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We are not concerned with cases in which public authorities have actually done acts or entered into relationships or undertaken responsibilities which give rise to a common law duty of care. In such cases the fact that the public authority acted pursuant to a statutory power or public duty does not necessarily negative the existence of a duty.
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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Singularis Holdings Ltd v Price Waterhouse Coopers
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In the Board's opinion, the principle of modified universalism is part of the common law, but it is necessary to bear in mind, first, that it is subject to local law and local public policy and, secondly, that the court can only ever act within the limits of its own statutory and common law powers. In the absence of a relevant statutory power, they must depend on the common law, including any proper development of the common law.
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Stovin and Another v Norfolk County Council
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It will often be foreseeable that loss will result if, for example, a benefit or service is not provided. If the policy of the act is not to create a statutory liability to pay compensation, the same policy should ordinarily exclude the existence of a common law duty of care.
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Rookes v Barnard
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It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.
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Johnson v Unisys Ltd
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Implied terms may supplement the express terms of the contract but cannot contradict them. Employment law requires a balancing of the interests of employers and employees, with proper regard not only to the individual dignity and worth of the employees but also to the general economic interest. Their traditional function is to adapt and modernise the common law. But such developments must be consistent with legislative policy as expressed in statutes.
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The Slumbering Sovereign: Sir Owen Dixon's Common Law Constitution Revisited
“The Common Law … abhors infiniteness”.1 1Ferrer v Arden (1599) 6 Co Rep 7a; (1599) 77 ER 263.
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Why Does the Common Law Conform to the Constitution?
The High Court has often said that the common law must conform to the Constitution. The High Court has not completely explained why this is so. This requirement is not explicitly mentioned anywhere...
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Moving Beyond the Common Law Objection to Structured Proportionality
This article examines the claim that the adoption of structured proportionality testing in Australian constitutional review is ill-suited to Australia’s common law tradition. That objection has bee...
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Mos Geometricus and the Common Law Mind: Interrogating Contract Theory
Euclidian theories have it that there exist one or a small number of apex principles from which the entire fasciculus of rules of contract law can be logically deduced. Two arguments are marshalled...
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The Common Law Touch - The status of English law for international business post-Brexit
The UK referendum result in June 2016, which saw the majority of the electorate vote to leave the European Union (EU), has presented many questions about the future legal implications of a Brexit. ...
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Contract termination: terminating under the contract vs terminating at common law
Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associ...
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Contractual compensation scheme in long-term gas supply agreement excludes common law remedies
Scottish Power UK Plc v BP Exploration Operating Co Ltd & ors [2016] EWCA Civ 1043, 1 November 2016 - The Court of Appeal considered the validity and scope of an industry-standard contractual ...
- The 'Common Law Marriage' Myth
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Group Litigation Order (rule 19.11)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... IT IS ORDERED THAT:- ... 1. This Order is made under rule 19.11 and applies to claims which give rise to the following common or related issues of fact or law (hereinafter called “the GLO issues”) ... (specify here the issues which will identify the claims to be ... ...
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Group Litigation Order
Chancery forms, including claim forms and applications for orders.... ... IT IS ORDERED that: ... (1) This O r d e r a ppl i e s to a ll c laims whi c h g ive rise to the following common or related issues of fact or law (‘ the G LO I s s u e s’ ) [Insert] ... (2) This O r d e r will be kn o wn a s the ... ...
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Form PA1A
Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.... ... Step-relatives should not be ... A ‘whole-blood’ brother or ... sister is someone who has ... both parents in common ... with person who has died, ... or someone who was legally ... adopted by both of the ... parents of the person who ... A ‘half-blood’ brother ... ...
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Annex C - Application for establishment of a decision
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... Formal statement providing evidence relating to common residence of the parties ... Agreement between the parties relating to maintenance ... Evidence of attendance at secondary ... ...